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CONDITIONS OF APPROVAL MS-00-26 Wesely Minor Subdivision Application No. MS-00-26 was approved by the San Joaquin County Community Development Department on August 31, 2000. The effective date of approval is Septemeber 10, 2000. This tentative map approval will expire on September 10, 2003, which is three years from the effective date of approval, unless (1) all Conditions of Approval have been complied with and (2) a Parcel Map has been filed with and accepted by the County Surveyor. Unless otherwise specified,all Conditions of Approval and Ordinance requirements shall be fulfilled prior to approval of the Parcel Map. Those Conditions followed by a Section Number have been identified as Ordinance requirements pertinent to this application. Ordinance requirements cannot be modified,and other Ordinance requirements may apply. 1. COMMUNITY DEVELOPMENT DEPARTMENT (Staff Contact:Jennifer Jolley,468-3161) a. TENTATIVE MAP: The Parcel Map shall substantially conform with the approved Tentative Map dated July 21, 2000. b. TRANSFER RESTRICTION/MERGER/NONBUILDABLEREMAINDER: A Note shall be placed on the Parcel Map and a Notice of Minor Subdivision Restriction shall be recorded concurrently with the Parcel Map,with a reference to the instrument number of said recorded notice,stating that: (1) Neither the homesite parcel (Parcel 1) nor Parcel 2 may be voluntarily transferred separately from the other parcel; however, if an institutional lender forecloses on either parcel, either parcel may be transferred separately in accordance with the power of sale provisions contained in the deed of trust. (2) Upon repayment of the loan, the owner of the homesite parcel shall merge the homesite parcel with Parcel 2, as provided for in the Development Title, unless the owner of the homesite parcel acquired the homesite parcel through a foreclosure action, or unless the owner refinances the loan. (3) Parcel 2 shall remain a nonbuildable site for primary dwelling units. (4) The above restrictions shall terminate if the subject property is reclassified to a non-agricultural zone or to an agricultural zone with a five(5)acre minimum. (Development Title Section 9-610.3(b)&(c)) 2. DEPARTMENT OF PUBLIC WORKS: (Seethe attached memo dated August 25, 2000.) 3. DEPARTMENT OF PUBLIC HEALTH SERVICES: (Seethe attached memo dated August 8, 2000.) 4. COUNTY COUNSEL: (Staff Contact: DeeAnne Watkins, 468-3208) a. HOLD HARMLESS PROVISION: Pursuant to Section 66474.9 of the Government Code, the subdivider shall defend, indemnify, and hold harmless the local agency or its agents, officers, and employees from any claim, action, or proceeding against the local agency or its agents, officers, or employees to attack, set aside, void, or annul an approval of the local agency, advisory agency, appeal board, or legislative body concerning a subdivision,which action is brought within the time provided for in Section 66499.37 of the Government Code.